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HomeMy WebLinkAbout1976 08-04 Fence to stay as council fumes THE REVIEW Page 10 Wed.,Aug.4,1976 THE REVIEW - At Maple Woods development Fence to stay as council fumes by Kamy Ide ted erection of the fence. which prompted construction of the fence In the fall of 1974, the applicants Mayor Robert Bruton told him, "I'm with the council. I requested they be allowed to construct a still Willing to work on your problem,but I Miller recommended the council take 42-inch wooden fence in the same area. "They got caught with their hands in think you made a big mistake." no action on the matter and allow staff to Staff recommended against the proposal the cookie jar," said Maplewood City Councilman Donald Wiegert expressed proceed with proper legal steps for these in the fall,and the Planning Commission Councilman Burton Murdock."They got similar sentiments, saying, "I couldn't reasons: the townhouse owners erected and City Council agreed,based on the fact caught." believe you would have done this after all the fence in direct violation of a council the fence would separate the townhouses "They"are owners of the Maple Woods that's gone before." refusal to issue a permit for such fence, from the apartments,in violation of the townhouses in the city and they were Townhouse owner James Malley the constructed chain link fence is in no city's Planned Unit Development con- recently found to have constructed a six- repeatedly told the council,"We want to way similar to previous proposals made ditions. foot chain link fence on their property,in become friends with the council," and to city staff,the Planning Commission or The townhouse owners filed suit against direct violation of the Maplewood City asked"Why can't we be friends?" the City Council,the fence was erected the City of Maplewood in March of 1975 in Uniform Building Code and in defiance of Bruton noted,"You've put us all on the without knowledge of any city official,the an attempt to stop the city from enforcing a District Court finding on the matter. offensive by doing this. townhouse owners utilized legal channels the PUD conditions. The owners came before the city council, There was some council discussion of available to them and were refused by the In April of 1970,Judge James M.Lynch Thursday, July 22 to explain the "ex- whether or not the fence should be torn District Court and erection of the fence is ruled in favor of the city and against the tenuating circumstances" which down immediately.Bruton at one point in direct violation of those findings,the townhouse owners.In other words,"the prompted their actions.The councilmen said, "I'm of the inclination it should chain link fence separates the townhouses court said[he city had the right to,con- were clearlySider the townhouse units as part of the angry. come down." Malley said the owners from the remainder of the Maple Woods Malewoods Planned Unit Develop- However, lateness of the hour (the would then lose$1500 worth of chain link planned unit development(PUD),which men[,"Miller's report states. council was already 15 minutes beyond its fence,which,upon questioning,he said the council and Planning Commission Kotnour told the council July 22 that normal midnight deadline and 11 items was purchased"because it was on sale at wished to avoid,and"to allow the con- erection of the fence was wrong.He said remained on the agenda),the matter was Montgomery Wards." tinned existence of the fence in question that townhouse owners have had tabled following some discussion. The Wiegert said, "Then in other words would render any future condition applied numerous problems with the original topic will be brought up again at the anybody can do anything and we should by the council useless and unenforceable, developer,and also with motorcyclists, council's Aug. 12 session.In the mean- okay it because it's already done." particularly in light of the court decision snowmobilers and,in one case,a horse time,the council decided to let the illegal City Manager Michael Miller's written against the townhouse property owners." traveling into townhouse property.In one fence remain. report to the council indicated the Background of the fence,provided in incident,a bicyclist ran over a small boy, Paul Kotnour,president of the Maple Townhouse Association had been given Miller's written comments,reveals that a he said. Woods Townhouse Association,said ex- until July 21 to remove the fence itself. request for a six foot high wooden fence I Kotnour also said apartment residents cessive pedestrian and other travel The report indicated owners wished to for the area between the townhouses and crossed the Maple Woods townhouse through townhouse property had promp- discuss"extenuating circumstances" the apartment buildings was requested in '...property on their way to the 7-11 store at January of 1974.Staff and the Planning I the junction of Larpenteur and McKnight, ' Commission indicated they would ap- just across from the development. prove a fence,but different from the one He urged councilmen to "Put your- proposed. selves in our shoes." Bruton retorted, "Put yourselves in our shoes. You're wasting the taxpayers'money." City Manager Miller added that con- siderable time and money had been spent on the court case.